The following constitutes the Terms and Conditions related to research and investigative services as purchased from and performed by, Toltec Investigations, a Florida Licensed Agency, Agency License Number – A2900314, hereafter referred to as (TOLTEC), and persons paying for services, hereafter referred to as (CLIENT).
SCOPE OF WORK:
CLIENT retains TOLTEC to conduct research and investigative services as agreed to. CLIENT agrees to pay all fees and costs hereinafter incurred as a result of this investigation. As such, CLIENT agrees that TOLTEC is empowered to perform said services for and on behalf of CLIENT and to do all things necessary, appropriate, or advisable in performing said services for and in the best interests of the CLIENT. The parties hereby agree that the investigative services have been requested by CLIENT under this Agreement and will be provided by TOLTEC. The actual time and manner in which the following investigative services are conducted shall be left to the sole discretion of Toltec.
RETAINER:
CLIENT shall place retainer, in the possession of TOLTEC to serve as an initial retainer to specifically commence investigation and research efforts as discussed and agreed upon. Should the retainer be insufficient, CLIENT agrees to promptly pay TOLTEC the additional amount in full upon receipt of an invoice. CLIENT understands and agrees that a monthly interest charge of 18% will be applied to any unpaid balance over 30 days past due.
CLIENT agrees that no portion of the original retainer budget is refundable, and that the original retainer constitutes the absolute minimum cost that will be incurred by the CLIENT for services rendered by TOLTEC. Additionally, if CLIENT interferes with the investigation in any way, investigation shall cease, and all monies paid shall be forfeited to the company. TOLTEC agrees to notify CLIENT when the retainer is nearly exhausted. TOLTEC will cease from any further investigation once the retainer has been depleted unless additional services are agreed upon and CLIENT indicates additional authorized work. CLIENT shall promptly pay TOLTEC any additional funds TOLTEC deems necessary to continue the investigation at CLIENT’S request.
TOLTEC agrees not to exceed the authorized budget and retainer without the CLIENT’S authorization, unless the additional expenses were incurred in the process of following the Subject and/or obtaining information critical to the purpose of this investigation.
Any investigation where the CLIENT wants TOLTEC to start within 48 hours shall be classified as a RUSH assignment and the retainer shall be non-refundable in exchange for TOLTEC placing pending cases on hold to start the CLIENT’S case within the 48-hour period. Additionally, any investigation where the CLIENT wants TOLTEC to start within 24 hours shall be classified as a RUSH assignment and a RUSH FEE will be applied to the retainer.
RATES:
The hourly rate for surveillance is billed per hour, per Investigator with an 8-hour minimum per Investigator per day. This rate applies for all U.S. States except for California and New York. Hourly billing will start and end at the location nearest to our assigned field operative. The hourly rate for Telephone and/or Personal Interviews, Inquiries, Background, On-Line Investigations, Internet, Computer Database Research, Business/Corporate Record Searches, Report Writing, and CLIENT conferences shall be billed hourly.
Holiday cases (Federal and State recognized) will be billed at 2x/twice the regular hourly rate per
Investigator. TOLTEC will forward CLIENT statements and/or invoices listing in detail any and all time and expenses incurred in the investigation. In many instances the CLIENT may need TOLTEC to be available on a “stand-by” basis. In such circumstances, the CLIENT shall be charged a minimum per day per Investigator. CLIENT agrees to compensate TOLTEC at the agreed upon rates for any court appearances or depositions prior to or subsequent to the completion of the investigation, whether under order of subpoena or not and regardless of the party requesting the appearance. If courtroom testimony or deposition regarding this matter or any matter related to this investigation is required, a fee will be charged per hour per Investigator plus expenses with a 4-hour minimum per Investigator per day will be imposed. All courtroom and deposition fees are due in advance. A retainer for the amount must be received 7 days prior to scheduling the Investigator(s) for court or deposition. TOLTEC shall not be responsible for court delays or cancellations. Forty-eight (48) hours’ notice is required in the event of any cancellation; otherwise, CLIENT’S account will be invoiced for each Investigator for each day or portion scheduled.
In many cases, Toltec offers flat rate services for certain research, investigation, and assignments. In these cases, the CLIENT will be charged, in advance, for agreed upon services from TOLTEC.
USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS:
CLIENT agrees that TOLTEC, at TOLTEC’s sole discretion, may use subcontracted Investigators and may immediately engage one or more additional Investigator(s) at the agreed upon rate and billed in addition to the hourly Investigator rate (within the authorized budget) which CLIENT hereby AGREES to pay in the course of any assignment where TOLTEC determines that one or more additional Investigator(s) is needed immediately, such as when a separate Investigator is needed to initiate an undercover inquiry, or the Subject of our investigation leads TOLTEC to an unusually difficult or unique setting.
EXPENSES:
CLIENT recognizes that TOLTEC will likely incur expenses directly associated with conducting said investigation. As such, CLIENT shall be responsible for all reasonable expenses, including but not limited to, mileage (62.5 cents per mile or IRS Government rate), tolls, parking, overnight accommodations, meals, admission fees, processing, public/private transportation, confidential source fees, or any unforeseen expenses necessary to acquire information as requested by CLIENT. Mileage shall be invoiced at the rate of 62.5 cents per mile starting and ending at the nearest office of the assigned field operative.
EMERGENCY / RUSH CASES:
(Short notice) less than forty-eight (48) hours from notice to initiation of case will be billed at the same standard rate per hour, however, they will incur a RUSH FEE applied to the retainer invoice. An 8-hour minimum per Investigator per day will be imposed.
CANCELLATION:
CLIENT must provide TOLTEC with a minimum twenty-four (24) hours’ notice in case of any cancellation of scheduled activity. A 4-hour minimum charge will be imposed for each Investigator if the CLIENT fails to give 24-hours’ notice to TOLTEC. CLIENT EXPRESSLY AGREES THAT IN THE EVENT CLIENT EXECUTES A RETAINER (OR ANY ADVANCE PAYMENT TO TOLTEC), THIS AGREEMENT IS VALID. SHOULD CLIENT THEN WISH TO CANCEL THIS INVESTIGATIVE SERVICES AGREEMENT ONCE TOLTEC HAS BEGUN OR SCHEDULED SUCH SERVICES, THAT AN AMOUNT EQUAL TO ONE-HALF OF THE RETAINER FEE SHALL BE PAID TO TOLTEC AS A CASE INTAKE FEE. CLIENT ACKNOWLEDGES THAT TOLTEC HAS TO SCHEDULE IN ADVANCE TOLTEC’S ASSIGNMENTS IN ORDER FOR ITS EMPLOYEES AND CONTRACTORS TO BE AVAILABLE TO PERFORM SURVEILLANCE AND OTHER INVESTIGATIVE SERVICES FOR CLIENT AND FOR TOLTEC’S OTHER CUSTOMERS AND THAT ONCE SCHEDULED, THESE EMPLOYEES AND CONTRACTORS CANNOT BE QUICKLY RESCHEDULED TO OTHER CLIENTS. THEREFORE, CLIENT ALSO AGREES THAT IN THE EVENT TOLTEC HAS SCHEDULED SURVEILLANCE OR ANY OTHER TYPE OF INVESTIGATIVE ACTIVITY FOR CLIENT FOR A SPECIFIC DAY AND CLIENT CANCELS THIS ASSIGNMENT WITHIN TWENTY-FOUR (24) HOURS OF THE TIME IN WHICH THIS SPECIFIC ASSIGNMENT IS SCHEDULED TO BEGIN, THAT CLIENT SHALL PAY TOLTEC AN AMOUNT EQUAL TO ONE-HALF OF THE PROJECTED FEES FOR THIS DAY’S ASSIGNMENT AS A CANCELLATION FEE.
CLIENT further agrees that the following provisions shall also apply to all fees due from CLIENT under this Agreement:
VERBAL UPDATES:
CLIENT agrees that no verbal updates are permitted and that no verbal updates will be provided to CLIENT while TOLTEC field operatives are engaged in active surveillance assignments. When reporting information to CLIENT, oral reports will be provided within 48 hours after the information is obtained or no sooner than 9:00 a.m. the following weekday, after surveillance has been performed. CLIENT further agrees that if CLIENT is represented by an attorney that TOLTEC, within the times mentioned in this paragraph, may, at TOLTEC’s sole discretion, provide the reports mentioned above directly to the CLIENT’S attorney. CLIENT understands that CLIENT may be needed to provide information to TOLTEC during an active surveillance assignment, however, TOLTEC is not obligated to provide an update to CLIENT at the time the additional information is requested. CLIENT further agrees that if CLIENT retains an attorney after entering into this Investigative Services Agreement that CLIENT must provide Toltec, within 24 hours of retaining such attorney, a notice both verbally and in writing, containing the name, address, telephone number and email address of the attorney.
CLIENT INTERFERENCE:
CLIENT acknowledges that any interference in this investigation by CLIENT or by CLIENT’S friends, relatives, agents, or employees will jeopardize the ability of TOLTEC to provide the services promised under this Agreement. CLIENT further acknowledges that interference includes, though is not limited to calling (including communication by text, email, message service, etc.) TOLTEC and/or employees and contractors while they are trying to perform investigative duties and/or surveillance, asking to ride along on surveillances, driving past locations under surveillance, and/or visiting locations near the location under surveillance.
CLIENT expressly acknowledges that TOLTEC’s fees for services are NOT contingent on the outcome or results of the above referenced investigation. TOLTEC MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS OF THIS INVESTIGATION. No illegal or unethical services will be knowingly provided by TOLTEC and CLIENT certifies that CLIENT is not knowingly requesting any illegal services. TOLTEC reserves the right to decline or terminate without advance notice any assignment it deems to be illegal or unethical or detrimental to TOLTEC. TOLTEC will perform services in compliance with all state and federal laws, regulations, and best practices. CLIENT UNDERSTANDS THAT RESULTS OF SURVEILLANCE AND INVESTIGATIONS BY THEIR NATURE ARE NOT GUARANTEED AND ARE LIMITED BY TIME AND RESOURCES. THE INFORMATION OBTAINED MAY NOT BE THAT WHICH IS DESIRED OR IN THE FAVOR OF THE CLIENT.
REPORTS:
TOLTEC will generate a written report of the investigation in a timely manner at the completion of the investigation given the CLIENT’S account is not in arrears. Every reasonable effort will be made to ensure that the quality of the information is accurate. However, TOLTEC will not be responsible for information contained within database reports where TOLTEC has no control over the content. Reports may also include photographs and videos. CLIENT understands that surveillance videos and pictures are by their nature NOT television studio-type productions and are often taken from long distance, from unusual locations and during extreme weather conditions and as such, the quality can be variable. TOLTEC will proceed with due diligence to obtain quality video and/or pictures that can be obtained given the circumstances, without placing the Investigator in any physical harm and/or unsafe position and without violating privacy statutes. Therefore, CLIENT understands that TOLTEC’s fees are not contingent upon the acquisition of any photos or videos. No audio recordings will be made relative to surveillance services. Original video files and/or photos will not be released to CLIENT but will remain the property of TOLTEC until such time as required to be surrendered in court as evidence. Copies for the purpose of the CLIENT’S review will be made at the CLIENT’S request and expense. Original notes or documents considered “work product” will not be released and will remain the property of TOLTEC. Only the written final report is released to the CLIENT. TOLTEC RESERVES THE RIGHT TO WITHHOLD ANY AND ALL REPORTS AND/OR EVIDENCE PENDING PAYMENT IN FULL AND BANK CLEARANCE THEREOF.
ACCURACY OF INFORMATION SOURCES:
Database search reports are performed strictly by the information provided on the Subject by the CLIENT. Any error in spelling, format or sequence of letters, words or numbers can result in wrong information on the Subject. Data is supplied from different private sources, computer systems, public information facilities and government open record institutions and might also contain confidential source information. All attempts are made to maintain the integrity of this data. TOLTEC cannot be held liable for inaccuracies contained in public record information or databases accessed. Furthermore, information has been gathered from sources and individuals deemed reliable by TOLTEC; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third parties, or its suitability for any particular purpose. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered be cross-referenced with “Original Source” information.
RESPONSIBLE USE OF INFORMATION:
TOLTEC is NOT a consumer reporting agency. TOLTEC promotes the responsible use of the information that it provides and reserves the right to withhold information for which TOLTEC deems is outside the scope of a permissible purpose or otherwise defined by state and federal laws and/or regulations. “Confidential Information” shall not include such information as is or becomes part of the public domain through no action of TOLTEC. The CLIENT is responsible for safeguarding the information provided from unauthorized third-party disclosures as defined by the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Driver’s Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA) and applicable state and federal laws and regulations. It is incumbent upon the CLIENT and his/her/its representatives to be fully knowledgeable about such laws and regulations and/or seek legal counsel prior to dissemination of reported information.
Furthermore, the CLIENT affirms the information requested and/or learned during the investigation is not to be used for harassment, stalking, intimidation, threatening, immoral or any other illegal purpose(s).
CLIENT MISREPRESENTATION:
CLIENT attests that CLIENT has not misrepresented themself, any company, organization or purpose for requesting the services that TOLTEC provides. CLIENT understands that misrepresentation in this Agreement, in TOLTEC’s sole opinion, may result in civil and criminal action against the CLIENT and/or his organization as well as any and all monies paid to be forfeited. TOLTEC reserves the right to refuse service to the CLIENT for any issue of security, safety, unlawful, unethical or immoral reasons. CLIENT further represents that the information provided by TOLTEC shall be used in a lawful manner and that said information will not be used to cause any physical, mental or emotional harm upon the Subject of the investigation. CLIENT agrees to and shall indemnify and hold harmless TOLTEC and its employee(s) and agent(s) from damages, losses, costs and expenses, including any attorney or legal fees, suffered or incurred in connection with or arising out of claims based on investigative findings provided to CLIENT. This also includes any civil or criminal actions, claims, third party claims, lawsuits, disciplinary actions, or any losses alleged to be caused by TOLTEC resulting from any activity performed by either CLIENT or TOLTEC, except for illegal acts or negligence on the part of TOLTEC Investigators and/or its employees.
CONFIDENTIALITY:
All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use. CLIENT agrees to restrict the dissemination of said findings ONLY to third parties who have a legitimate need to know, and/or authorized by law. CLIENT will hold TOLTEC harmless from damages, losses, costs or expenses, including attorney or legal fees, suffered or incurred in connection with or arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep strictly confidential. TOLTEC will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT or court ordered. The CLIENT agrees and understands that the confidentiality clause held in this paragraph DOES NOT APPLY if CLIENT fails to pay any or all reasonable fees and expenses for services conducted by TOLTEC.
CREDIT CARD AUTHORIZATION:
By CLIENT providing TOLTEC with CLIENT’S credit card information, TOLTEC is authorized to charge said credit card as TOLTEC may deem necessary to pay off any outstanding balances, additional requested services by CLIENT, court appearances, or any appearance requested by any party associated with this investigation. CLIENT further acknowledges that TOLTEC’s fees are based on information, whether negative or positive to CLIENT’S case, along with accrued time and expenses. TOLTEC shall be entitled to all invoiced fees regardless of the value of the information developed by TOLTEC. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by TOLTEC that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in small claims court and not through the credit card company for the card provided to TOLTEC.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Florida. CLIENT hereby agrees that in the event of any litigation regarding fees owed to TOLTEC that jurisdiction and venue shall be in Pinellas County, Florida.
This being the entire terms of both parties is expressed in this agreement and having been verbally affirmed that no other understandings, agreements or other documents shall alter, modify or change the terms of this agreement. CLIENT agrees that TOLTEC may assign this Agreement to a subcontractor in part or whole to complete this assignment, and at all times, TOLTEC will continue to meet the terms and conditions of this Agreement.
This Agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns, legal representatives, and successors. As to terminology context in this Agreement, singular shall mean plural and vice-versa. Terms used in the male gender serve as function words and do not denote a specific gender and refers to the CLIENT as an individual or entity.
CLIENT has had the opportunity to read this Agreement in full and the option to have it reviewed by an attorney. Having no unanswered questions, CLIENT hereby authorizes this investigation and agrees to all the terms and conditions listed herein. By making payment in advance or paying a retainer to TOLTEC, this Agreement, as reviewed by the CLIENT who hereby personally certifies and affirms that the information supplied above is true and accurate to the best of CLIENT knowledge at this time. Payment by the CLIENT also further represents and affirms that CLIENT is authorized to order this investigation and financially contract for this assignment. CLIENT also understands that knowingly supplying false or misleading information may result in case being rejected and/or terminated. CLIENT will forfeit any and all funds that may have been paid to TOLTEC pertaining to this case if any information is discovered to be false, misleading or compromising the legal and/or ethical obligations of TOLTEC, in the sole opinion of TOLTEC.
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